HomeMy WebLinkAbout5. PLN-16-00006 - 8350 FirestoneSTAFF REPORT
PLANNING DIVISION
DATE: MARCH 16, 2016
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER
PREPARED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER
SUBJECT: PLN-16-00006 (CONDITIONAL USE PERMIT) – A REQUEST TO
CONSTRUCT A 50’ TALL TELECOMMUNICATION FACILITY FOR
VERIZON WIRELESS
LOCATION: 8350 FIRESTONE BLVD
ZONING: DDSP (DOWNEY DOWNTOWN SPECIFIC PLAN)
REPORT SUMMARY
Verizon Wireless has requested approval of a Conditional Use Permit to construct a 50’ tall
wireless communication facility in the parking lot on the south (rear) side of the Denny’s on the
corner of Firestone Blvd and Dolan. The proposed monopole will be designed as a pine tree
(mono-pine). The mono-pine will be located within a 225 square foot lease area, which also will
contain all of the related equipment cabinets. Based on the analysis contained in this report,
staff is recommending the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-16-00006),
THEREBY ALLOWING THE OPERATION OF A 50 FOOT WIRELESS
FACILITY DESIGNED AS A PINE TREE ON PROPERTY LOCATED AT 8350
FIRESTONE BLVD, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN).
BACKGROUND
The subject site is 41,650 square foot rectangular shaped parcel that is located on the
southwest corner of Firestone Boulevard and Dolan Street. The site is currently improved with
an approximate 9,000 square foot Denny’s restaurant that is located on the north side of the
site. A 63 space parking lot is located on the south and west sides of the building. The subject
site has a General Plan Land Use Designation of Mixed Use and is within the Downtown
Downey Specific Plan.
Agenda Page 1
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 2
Front of Building
Parking Lot
The south side of the subject site is bounded by the Union Pacific Railroad. Across the railroad
is a vacant parcel that has a General Plan Land Use Designation of Office and is zoned M-2
(General Manufacturing). The north side of the site is bounded by a City-owned public parking
lot, to the west is a Dollar Tree store, and to the east (across Dolan) is a CVS store. All three of
Agenda Page 2
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 3
these properties have a General Plan Land Use Designation of Mixed Use and are within the
Downtown Downey Specific Plan.
On January 13, 2016, the applicant submitted a request for the Conditional Use Permit to
establish a 50-foot high telecommunication facility for Verizon Wireless. After a complete review
of the submitted material, staff deemed the application complete on February 12, 2016.
On March 3, 2016, notice of the pending public hearing was published in the Downey Patriot.
Additionally, the notice was mailed to all property owners within 500’ of the subject site.
DISCUSSION
The applicant is proposing to construct an unmanned wireless telecommunication facility near
the southwest corner of the site. The proposal includes having three sectors with four antennas
per sector, for a total of twelve antennas. The eight-foot-tall panel antennas will be mounted
with their centerline at 40 feet, putting the top of the antenna at 44 feet above the adjacent
grade. In addition to the antennas, Verizon is proposing to install two equipment cabinets and
an emergency backup generator. The tower, equipment cabinets, and generator will be located
in Verizon’s 225 square foot lease area.
In order to disguise (stealth) the antennas, the applicant has proposed to make the wireless
facility look like a pine tree. The base of the crown will be 15’ above the grade, with the top of
the tree being 50’ above the grade. The canopy will
have an approximate width of 22’. In order to maintain
a realistic appearance of a tree, staff is recommending
a condition of approval that requires the trunk be
covered in a simulated bark, the branches and
antenna support structures be brown or covered with a
simulated bark, the antennas arrays shall not extend
beyond the branches, the antennas shall be covered
with socks to simulate pine needles, and the tree have
a minimum branch density of 2.5 branches per foot.
As previously noted, Verizon will have a 225 square
foot lease area to accommodate the monopine and all
related equipment (the tree overhang is 484 square
feet). The applicant is proposing to enclose the lease
area with an eight-foot tall wrought iron fence.
However, this area will be visible from Firestone Blvd
and Dolan St. As such, staff is recommending a
condition of approval that a block wall be used to
enclose the lease area, which will screen the view of
the equipment. In addition to the equipment, the lease
area will also contain an emergency back-up generator
to power the facility in the event of a power outage.
The Planning Commission will note that the installation of the monopine and equipment will
result in the loss of a tree within the parking lot, as well as one parking space. To address the
loss of the tree and to ensure that the monopine blends into the surrounding area, staff is
recommending that three Canary Island Pines (Pinus cananensis) be planted in the parking lot.
As recommended, the live trees are required to have a minimum height of 25’ at time of
Photo-Sim of Mono-Pine
Agenda Page 3
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 4
planting. Regarding the loss of one parking space, the existing restaurant is required to
maintain a minimum of 45 spaces and will have 62 spaces after construction of the project. As
such, the project will not have an impact to the parking.
DEVELOPMENT REVIEW COMMITTEE
On January 28, 2016, the City’s Development Review Committee reviewed the requested
application. It was noted that the loss of the existing tree to accommodate the new wireless
facility should be replaced with multiple trees in the parking lot. Additionally, the Fire
Department wanted to ensure that the address of the facility is clearly visible from the street.
Conditions of approval have been included to address these issues.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed wireless communication facility for compliance with the
California Environmental Quality Act (CEQA). Upon completion of this review, it has been
determined that this request is categorically exempt from CEQA, pursuant to Guideline Section
No. 15332 (Class 32, In-fill Development Projects). Categorical Exemptions are projects, which
have been determined not to have a significant effect on the environment and have been
exempted from the requirements of the California Environmental Quality Act. Class 32 consists
of projects that are consistent with the General Plan and zoning, on a site that is less than five
acres and does not have any protected habitat, and can be adequately served by utilities. Staff
believes that the proposed wireless facilities meets all of the requirements needed to qualify for
a Class 32 exemption.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted
prior to the Planning Commission approving the Conditional Use Permit. A discussion of the
findings follows:
A. The requested Conditional Use Permit will not adversely affect the purpose and
intent of the Zoning Code or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The subject site has a General Plan Land Use Designation of Mixed Use and is within
the Downey Downtown Specific Plan. It is the intent of the land use designation and
zoning to provide commercial and service uses in the City in order to serve the broadest
community and regional needs. It is staff’s opinion that the wireless communication
facility will not disrupt the original intent of the area. The proposed development will
satisfy these needs of its surrounding area by providing a fast, more efficient wireless
connection to those who live, work, and visit the area. Furthermore, it is a policy of the
General Plan (Policy 2.7.1.1) to “Promote upgrades and maintenance of utility and
communication systems”. It is staff’s opinion that approval of this Conditional Use
Permit will provide an enhanced wireless service for the neighborhood, thus upgrading a
communication system. For these reasons, staff believes the approval of this project is
consistent with the goals, policies, programs, and land uses of all applicable elements of
the General Plan.
Agenda Page 4
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 5
B. The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The subject site is within a fully developed area of the City, with little to no vacant
properties in the immediate area. The proposed wireless communication facility is
limited to a 225 square foot lease area at the rear of the 41,650 square foot project site.
The Downtown Downey Specific Plan is a pedestrian oriented, in which structures are
built close to the street property line. Since the proposed project is to the rear of the
subject property, in staff’s opinion, construction of the wireless facility will not have an
adverse effect to the other properties and uses in the area.
C. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular
area.
The proposed project will occupy 225 square feet area on the subject site. Even with the
loss of one parking space, the project site will comply with the code. Accordingly, staff
believes that the site has sufficient size and shape to accommodate the wireless facility
without impacting the existing restaurant on the site. Staff is of the opinion that this
approval will allow the operation of the use in a manner not detrimental to the particular
area.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The proposed wireless communication facility is unmanned. With the exception of an
occasional maintenance trip, the site will not generate any traffic. The site is accessed
directly via Dolan Ave and indirectly (across the City parking lot) from Firestone Blvd.
Irrespective of the LOS on either street, the minimal trip generation will not create an undue
burden on the streets.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the addition of the
wireless facility will create an enhanced wireless experience for those who live, work, and visit
the area. Furthermore, due to the design of the facility and the addition of the three trees in the
parking lot, staff believes that the project will not have an impact to the area. Finally, staff
believes that all findings required for approving a Conditional Use Permit can be made in a
positive manner. As such, staff is recommending that the Planning Commission approve the
Conditional Use Permit (PLN-16-00006), subject to the recommended conditions of approval.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Plans
D. Propagation Maps
E. Photo Simulations
Agenda Page 5
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 6
MAPS
Location
Aerial Photograph
Agenda Page 6
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 7
Zoning
Subject Site
Agenda Page 7
RESOLUTION NO. 16-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-16-00006),
THEREBY ALLOWING THE OPERATION OF A 50 FOOT WIRELESS
FACILITY DESIGNED AS A PINE TREE ON PROPERTY LOCATED AT 8350
FIRESTONE BLVD, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On January 13, 2016, the applicant submitted a request for a Conditional Use Permit to
allow the construction and operation of a 50’ tall wireless communication facility that is
disguised as a pine tree (mono-pine); and,
B. On February 12, 2016, after a careful review of the submitted information, staff deemed
the application complete; and,
C. On March 3, 2016, notice of the pending application published in the Downey Patriot and
mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on March 16, 2016, and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed project has been reviewed and has been found to be in
compliance with the California Environmental Quality Act (CEQA) and is categorically exempt
from CEQA, pursuant to Guideline Section 15332 (In-fill Development).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
1. The requested Conditional Use Permit will not adversely affect the purpose and intent of
the Zoning Code or the City’s General Plan or the public convenience or general welfare
of persons residing or working in the neighborhood thereof. The subject site has a
General Plan Land Use Designation of Mixed Use and is within the Downey Downtown
Specific Plan. It is the intent of the land use designation and zoning to provide
commercial and service uses in the City in order to serve the broadest community and
regional needs. The wireless communication facility will not disrupt the original intent of
the area. The proposed development will satisfy these needs of its surrounding area by
providing a fast, more efficient wireless connection to those who live, work, and visit the
area. Furthermore, it is a policy of the General Plan (Policy 2.7.1.1) to “Promote
upgrades and maintenance of utility and communication systems”. This approval will
provide an enhanced wireless service for the neighborhood, thus upgrading a
communication system. For these reasons, this project is consistent with the goals,
policies, programs, and land uses of all applicable elements of the General Plan.
Agenda Page 8
Resolution No. ___________
Downey Planning Commission
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 2
2. The requested use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located. The subject site is within
a fully developed area of the City, with little to no vacant properties in the immediate
area. The proposed wireless communication facility is limited to a 225 square foot lease
area at the rear of the 41,650 square foot project site. The Downtown Downey Specific
Plan is a pedestrian oriented, in which structures are built close to the street property
line. Since the proposed project is to the rear of the subject property, construction of the
wireless facility will not have an adverse effect to the other properties and uses in the
area.
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area.
The proposed project will occupy 225 square feet area on the subject site. Even with the
loss of one parking space, the project site will comply with the code. Accordingly, the
site has sufficient size and shape to accommodate the wireless facility without affecting
the existing restaurant on the site. This approval will allow the operation of the use in a
manner not detrimental to the particular area.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The proposed wireless communication facility is
unmanned. With the exception of an occasional maintenance trip, the site will not generate
any traffic. The site is accessed directly via Dolan Ave and indirectly (across the City
parking lot) from Firestone Blvd. Irrespective of the LOS on either street, the minimal trip
generation will not create an undue burden on the streets.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this resolution,
the Planning Commission of the City of Downey hereby approves the Conditional Use Permit
(PLN-16-00006) subject to conditions of approval attached hereto as Exhibit A, which are
necessary to preserve the health, safety and general welfare of the community and enable the
Planning Commission to make the findings set forth in the previous sections. The conditions
are fair and reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
[signatures next page]
Agenda Page 9
Resolution No. ___________
Downey Planning Commission
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 3
PASSED, APPROVED AND ADOPTED this 16th day of March, 2016.
Matias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 16th day of March,
2016, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 10
Resolution No. ___________
Downey Planning Commission
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 4
CONDITIONAL USE PERMIT (PLN-16-00006)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Conditional Use Permit (PLN-16-00006) allows for the construction
of a 50’ tall wireless communication facility near the southwest corner of the subject site.
Additionally, the approval allows all related ground equipment and an emergency back -
up generator.
2) Approval of the Conditional Use Permit (PLN-16-00006) shall not be construed to mean
any waiver of applicable and appropriate zoning regulations, or any Federal, State,
County, and City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Downey Municipal Code shall apply.
3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) The wireless telecommunication facility shall be disguised (stealthed) as a pine tree
(mono-pine). This shall include the use of all of the following features:
a) The pole (trunk) shall be covered in a simulated bark material.
b) Branches and antenna support structures shall be painted brown or covered with
a simulated bark material.
c) Antenna arrays shall not extend beyond or above the branches.
d) Antennas shall be covered with socks that simulate pine needles.
e) The mono-pine shall have a minimum branch density of 2.5 branches per foot.
6) The wireless facility and all related equipment shall be located within the 225 square foot
equipment lease area (tree overhang area is 484 square feet). The equipment lease
area shall be enclosed with an eight-foot tall decorative black wall, with cap. A chain link
(or similar material) lid may be used to secure the equipment provided the lid is not
visible from the adjacent grade.
Agenda Page 11
Resolution No. ___________
Downey Planning Commission
8350 Firestone Blvd – PLN-16-00006
March 16, 2016 - Page 5
7) All lights within the equipment area shall be LED and shall be directed, positioned,
and/or shielded such that they do not illuminate surrounding properties and the public
right-of-way.
8) The wall shall be finished with graffiti resistant materials. Prior to the issuance of
building permits, the applicant shall demonstrate to the satisfaction of the City Planner,
that the finished materials will comply with this requirement.
9) Any graffiti applied to the site shall be removed within 48 hours.
10) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
11) Prior to the final of building permits, the applicant shall plant three Canary Island Pines
(Pinus cananensis) in the parking lot. The location of the three live trees shall be as
determined by the City Planner. Trees shall have a minimum height of 25’ at time of
planting and may be trimmed if they grow to a height above 40’. At no time shall the
trimming reduce the height of the trees below 25’.
12) All utilities servicing the facility shall be installed underground.
13) The back-up generator shall not be used to power the site, except in case of emergency
or power outage, and for monthly test of the system. Testing shall only occur Monday-
Friday, between the hours of 8:00 a.m. and 5:00 p.m.
BUILDING
14) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
15) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to occupancy of the units.
FIRE
16) All construction shall comply with the most recent version of the California Fire Code, as
adopted by the City of Downey.
17) The site address shall be mounted on the lease area wall. Address shall be visible from
the street and a minimum of 6 inches in height.
18) A Knox accesses system shall be install for the lease area.
19) Electronic reporting of Hazardous Materials to State-wide reporting system (CERS) for
chemical handled at or above reportable limits of 55-gallons of liquid, 500 pounds of
solid, and 200 cubic feet of gas shall be completed.
Agenda Page 12
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VZTDOWNEYCO
8350FIRESTONEBOULEVARD,DOWNEY,CA90241
LOSANGELESCOUNTY
Accuracyofphotosimulationbaseduponinformationprovidedbyprojectapplicant.Theproposedinstallationisanartisticrepresentation,andnotintendedtobeanexactreproduction.Thefinalinstallationwillhavecables,cableports,andvariousattachments,suchasantennas,nuts,andbolts.Everyeffortwill
bemadetodisguisethesecomponentsandtheywillnotbereadilyapparenttothecasualobserverorpasserby.However,uponclosescrutiny,thetruenatureoftheinstallationwillbeapparent.
PreparedBy:
1745W.OrangewoodAvenue,Suite103
Orange,California92868
(714)685-0123
VIEW1
AERIALMAP
Proposed
Verizonmonopineand
equipmentwithinW.I.fence.
(seeAerialmapforview
direction).
PROPOSED
EXISTING
VIEW2
VZTDOWNEYCO
8350FIRESTONEBOULEVARD,DOWNEY,CA90241
LOSANGELESCOUNTY
Accuracyofphotosimulationbaseduponinformationprovidedbyprojectapplicant.Theproposedinstallationisanartisticrepresentation,andnotintendedtobeanexactreproduction.Thefinalinstallationwillhavecables,cableports,andvariousattachments,suchasantennas,nuts,andbolts.Everyeffortwill
bemadetodisguisethesecomponentsandtheywillnotbereadilyapparenttothecasualobserverorpasserby.However,uponclosescrutiny,thetruenatureoftheinstallationwillbeapparent.
PreparedBy:
1745W.OrangewoodAvenue,Suite103
Orange,California92868
(714)685-0123AERIALMAP
Proposed
Verizonmonopineand
equipmentwithinW.I.fence.
(seeAerialmapforview
direction).
PROPOSED
EXISTING
VIEW3
VZTDOWNEYCO
8350FIRESTONEBOULEVARD,DOWNEY,CA90241
LOSANGELESCOUNTY
Accuracyofphotosimulationbaseduponinformationprovidedbyprojectapplicant.Theproposedinstallationisanartisticrepresentation,andnotintendedtobeanexactreproduction.Thefinalinstallationwillhavecables,cableports,andvariousattachments,suchasantennas,nuts,andbolts.Everyeffortwill
bemadetodisguisethesecomponentsandtheywillnotbereadilyapparenttothecasualobserverorpasserby.However,uponclosescrutiny,thetruenatureoftheinstallationwillbeapparent.
PreparedBy:
1745W.OrangewoodAvenue,Suite103
Orange,California92868
(714)685-0123AERIALMAP
Proposed
Verizonmonopineand
equipmentwithinW.I.fence.
(seeAerialmapforview
direction).
PROPOSED
EXISTING